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Petyukova O.N., Railyan A.I. Disability Categorization as a Juridical Fact in Terms of Social Protection and the Development of Social Entrepreneurship: The Legal Experience of England

DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.12

Oksana N. Petyukova, Doctor of Sciences (Jurisprudence), Associate Professor, Professor, Department of Legal Regulation of Economic Activity, Financial University under the Government of the Russian Federation, 4 Veshnyakovskiy Proezd, 4, 109456 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0127-9747

Alexei I. Railyan, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Risk Analysis and Economic Security, Financial University under the Government of the Russian Federation, 4 Veshnyakovskiy Proezd, 4, 109456 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5533-791Х


Introduction: due to the fact that the number of disabled people, according to Rosstat, has been 8.25% of the total population of the Russian Federation, the issues of the legislative regulation of the procedure of disability categorization as a juridical fact in social support of invalids, and also in the context of the social entrepreneurship development are relevant at the present stage. Of particular interest in this regard is the positive foreign legal experience of England. Methods: using such scientific methods as theoretical analysis, as well as the comparative law and formal-legal methods, the authors of the scientific paper have analyzed the key issues of social support for the disabled in the context of social entrepreneurship in England. Results: based on the analysis of the English legislation and scientific literature, the authors of the study have determined that in case of failure to comply with the requirements stipulated by the law, the determination of the fact of disability (the existence of restrictions of the person’s vital activity) will be made by the procedural and legal methods. It is revealed that in order to provide measures of social support (individual payment in connection with disability) the determination of the fact of disability is made directly when considering the appeal of a citizen in connection with the purpose of payment. It is emphasized that the Russian legislation should take into account the positive legal experience of England on social enterprises (community interest company).

Key words: law, the disabled, medical-social examination, re-examination, rehabilitation of the disabled, rehabilitation, social protection of invalids, social entrepreneurship.

Citation. Petyukova O.N., Railyan A.I. Disability Categorization as a Juridical Fact in Terms of Social Protection and the Development of Social Entrepreneurship: The Legal Experience of England. Legal Concept, 2019, vol. 18, no. 4, pp. 90-98. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.12

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